Legal Opinion
Nelson v. Citizens Bank & Trust Co. of Baytown
Texas Court of Appeals, 1st District (Houston)
Decided July 14, 1994No. 01-93-00995-CVPublishedCited by 11 opinions
1Opinion of the Court
OPINION
MIRABAL, Justice.
The main issue in this case is whether a spouse can be held personally liable for a corporate debt guaranteed only by the other spouse, based solely on the marriage relationship and community property laws. Our answer is: No. However, a non-signing spouse’s interest in joint management and control community property is subject to execution to satisfy the debt.
The uncontroverted facts are that, on March 4, 1987, Nelson Warehouse and Storage Company, Inc. (Nelson Warehouse), through its president, Wesley Nelson, executed a promissory note (the warehouse note) in the…
2Cases cited3 opinions
- Cockerham v. CockerhamTexas Supreme Court · 1975
- Shoemake v. Fogel, Ltd.Texas Supreme Court · 1992
- Carr v. Houston Business Forms, Inc.Court of Appeals of Texas · 1990
3Cited by11 opinions
- Swoboda v. Wilshire Credit Corp., Texas Court of Appeals, 13th District1998
- United States v. LoftisCourt of Appeals for the Fifth Circuit · 2010
- Patel v. Kuciemba, Texas Court of Appeals, 13th District2002
- In Re TrammellUnited States Bankruptcy Court, N.D. Texas · 2007
- In Re SumpterUnited States Bankruptcy Court, W.D. Missouri · 1999
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